[2014] KEELRC 390 (KLR)
The court found that the respondent had failed to initiate or exhaust any internal dispute resolution process within the 60 days as previously ordered. The respondent's national office expressly declined to deal with the dispute internally, insisting that the court should exercise jurisdiction. In light of this, the...
Source-derived case information.
- Citation
- [2014] KEELRC 390 (KLR)
- Parties
- Claimant: Jayne Nyagoha Emisembe; Respondent: Nairobi County Branch of KUPPET
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Cause 2001 of 2013
- Procedural Posture
- Employment Cause / Interlocutory Ruling on Application for Reinstatement Pending Hearing
- Outcome
- Orders of 14th February 2014 reviewed and set aside; claimant reinstated as Treasurer pending hearing; parties to fix hearing date for main claim.
- Legal Topics
- Reinstatement, Internal Dispute Resolution, Suspension From Office
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Jayne Nyagoha Emisembe
Claimant
Nairobi County Branch of KUPPET
Respondent
Procedural Posture
Employment Cause / Interlocutory Ruling on Application for Reinstatement Pending Hearing
Legal Issues
- 1 Whether the claimant should be reinstated to the position of Treasurer pending hearing of the main claim.
- 2 Whether the respondent was required to exhaust internal dispute resolution mechanisms before the court could exercise jurisdiction.
Ratio Decidendi
The court found that the respondent had failed to initiate or exhaust any internal dispute resolution process within the 60 days as previously ordered. The respondent's national office expressly declined to deal with the dispute internally, insisting that the court should exercise jurisdiction. In light of this, the court reviewed and set aside its earlier orders declining reinstatement, holding that the claimant's suspension should be stayed and she should be reinstated to the position of Treasurer pending the hearing of the main claim. The court exercised its discretion to intervene, given the respondent's inaction and the lack of an effective internal remedy.
Court Disposition
Orders of 14th February 2014 reviewed and set aside; claimant reinstated as Treasurer pending hearing; parties to fix hearing date for main claim.
Orders
- The orders of 14th February 2014 are reviewed and set aside.
- Pending hearing of the main claim, the suspension of the claimant from office of Treasurer is stayed and the claimant reinstated to the position of Treasurer.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE INDUSTRIAL COURT AT NAIROBI
CAUSE NUMBER 2001 OF 2013
BETWEEN
JAYNE NYAGOHA EMISEMBE……..…………………… CLAIMANT
VERSUS
NAIROBI COUNTY BRANCH OF KUPPET…………….. RESPONDENT
RULING
The Court gave a Ruling on 14th February 2014, declining an application made by the Claimant, which sought reinstatement of the Claimant to the position of Treasurer of the Respondent.
Further Orders issued on 27th March 2014, directing the Respondent to exhaust its Internal Dispute Resolution mechanisms within 60 days.
The Parties returned to Court on 27th June 2014. The Advocates informed the Court nothing has been done, within the 60 days, in resolving the dispute internally. The Respondent’s National Office, the Court was informed, holds it cannot deal with the dispute internally, as the dispute is in Court. The Respondent Branch Office, at the initial hearing, submitted the Claimant had come to Court prematurely, as the Internal Process had not been exhausted.
This position leads the Court to review its decision of 14th February 2014, as quite clearly, no Internal Dispute Resolution Mechanism involving the Branch and the National Office, has been put into motion within the specified 60 days, and the National Office holds that the Court should exercise its jurisdiction. IT IS ORDERED:-
(a) The Orders of 14th February 2014 are hereby reviewed and set aside.
(b) Pending hearing of the main Claim, the suspension of the Claimant from Office of Treasurer is hereby stayed, and the Claimant reinstated to the position of Treasurer.
(c) Parties to take a hearing date for the main Claim at the Registry.
Dated and delivered at Nairobi this 4th day of July 2014
James Rika
Judge